General Provisions

STANDARDS OF PRESENTATION FOR CONSUMER PROTECTION & SAFETY

• Advertisements must be honest, truthful, accurate, and created for the benefit of the consumer and the general public.
• Advertisements should not be deceptive or mislead the public.
• Advertising of a product or service found by the appropriate government agency to be below standards or specifications, or to be otherwise unsafe, shall not be allowed.
• Advertising copy, slogan, or terms should not tend to mislead or confuse the consumer as to the materials, content, origin, utility, or function of any product or service.
• Corporate advertising must be fair, truthful, and accurate. It should not contain any exaggeration or sweeping generalization that may mislead the public regarding the Advertiser or the attributes of its products or services.  Where the advertisements contain specific claims regarding the company or its product or services, such claims must be verifiable and subject to substantiation in the same manner as regular product or service advertisements.
• Advertisements should always be readily perceptible as commercial announcements and should not create any mis-impression that they are news or editorial items or public service announcements. Applicable guidelines of the relevant media industry should also be observed.
• Advertisements must not use expressions reserved for important news and public service announcements, e.g., newsflash.
• Advertisements should not unduly capitalize on fear or sow panic.
• Advertisements should not exploit public credulity/naiveté related to superstition, pseudo-scientific beliefs and practices, such as supernatural powers, foretelling of the future, astrology, phrenology, palm reading, numerology, mindreading, hypnotism, faith healing, or subjects of like nature.

NON-PRESCRIPTION DRUGS, DEVICES AND TREATMENTS, AND OTHER REGULATED PRODUCTS & SERVICES

• No pharmaceutical product, device, or treatment may be advertised unless it has been duly registered with the DOH-FDA. Only non- prescription/Over-The-Counter (OTC) drugs and products classified as Home Remedy (HR) may be advertised in mass, electronic, and digital media. All advertising materials of pharmaceutical products must be signed by the company’s medical director per DOH Administrative Order No. 2014-0040.
• No person, establishment or organization shall use the FDA logo, the words “Food and Drug Administration”, “Philippine FDA”, the initials “FDA” or any imitation of such words, initials, or logo in print and other forms of broadcast media, including the internet, in connection with any health product, merchandise, impersonation, solicitation, or commercial activity in a manner that conveys that such use is approval, endorsement, or authorization by the FDA, e.g., “FDA-approved” or “This product is approved by the FDA”, unless with written permission from the FDA per FDA Memorandum Circular 2013-030.
• Prescription only or ethical drugs (registered as RX) are not allowed to advertise in a medium where it is exposed to the general public, e.g., TV, Radio, OOH, print publication of general circulation, or internet/digital. Prescription drugs can only be advertised through publications solely intended for the medical and allied professions.
• Advertisements of pharmaceutical products must comply with the requirements of AO 2016-008 (Revised Rules and Regulations Governing the Generic Labeling Requirements of Drug Products for Human Use).

For advertisements on Television, Cinema, Electronic Billboard, and Digital Videos:

•   All TV, Cinema, Electronic Billboards, and Digital Videos shall prominently show the GENERIC NAME inside a box, together with the Brand Name (if any) during the first brand mention and towards the end of the material. For the second time the GENERIC NAME inside a box is shown, it shall be featured for at least one (1) second.
• If the GENERIC NAME inside a box being shown is on the product shot and is not reasonably readable, the GENERIC NAME inside a box shall be prominently shown separate of the product shot but within the same frame.
• The GENERIC NAME shall appear prominently larger than the Brand Name (if any), with prominence being clearly and distinctly readable by normal vision as may be determined by common visual sense. Moreover, the GENERIC NAME should also be prominent over the other information on the same frame where the GENERIC NAME and Brand Name appear.

 Examples:                         

For one molecule

For two (2) or more molecules

Note: Advertisements showing two (2) or more products shall follow the same rules as stated above

For advertisements on Radio

  Advertisements on Radio whether recorded or live without reference to material length

• All Radio advertisements shall mention towards the end the following line: “GENERIC NAME is the generic name of BRAND NAME”.
• Rendition of the generic name line should be reasonably audible.

For Advertisements on Print, OOH, Collaterals and Static Digital Posts     

The GENERIC NAME shall appear prominently larger than the Brand Name (if any), with prominence being clearly and distinctly readable by normal vision as may be determined by common visual sense. Moreover, the GENERIC NAME should also be prominent over the other information on the same frame/lay-out where the GENERIC NAME and Brand Name appear.

Examples:                         

For one molecule

For two (2) or more molecules 

 A copy of the DOH A.O. 2016 – 008 (Revised Rules and Regulations Governing the Generic Labeling Requirements of Drug Products for Human Use) may be downloaded from the ASC website: www.asc.com.ph as reference.

• Whenever a product, packaging, or label is shown in any and all advertising and promotional materials, the product, packaging, or label must be the actual product, packaging, or label. If the product, packaging, or label will be enlarged or reproduced, the reproduced or enlarged image must be the exact replica of the product, packaging, or label.
• Advertisements of non-prescription/ OTC (Over-The-Counter) drugs, HR (Home Remedy) products, devices, and treatments should not describe or dramatize distress, e.g., death or serious illness, in a morbid manner.
• Advertisements of all non-prescription/ OTC (Over-The-Counter)/ drugs and HR (Home Remedy) products should prominently carry the advice, “If symptoms persist, consult your doctor.”
• Advertisements of the benefits or use of non-prescription/ OTC (Over-The-Counter) drugs, HR (Home Remedy) products, devices, and treatments should be based on, or be within the context of and consistent with the indications and labeling of said products as approved by the DOH-FDA.
•   Advertisement of the benefits or use of medical devices should be based on, or be within the context of and consistent with the indications and labeling of said products as approved by DOH-FDA (DOH Administrative Order No.2015-0053).
•   Advertisements should not depict consumers relying on, or otherwise encourage reliance on medicines as a solution for psychic, emotional, or mood problems.
• Advertisements of products designed to calm, sedate, or stimulate should refer to the temporary symptomatic relief provided and should include a recommendation that label directions be followed.
•   Advertisements should not offer false hopes in the form of a cure or relief for the mentally or physically handicapped, either on a temporary or permanent basis.
•   Advertisements of non-prescription/ OTC (Over-The-Counter) drugs, HR (Home Remedy) products being applied with ASC should be signed by the Medical Director as per DOH A.O. 2014 – 0040 (Revised Guidelines on the Need/Role of a Medical Director in the Pharmaceutical Industry)

A copy of the DOH A.O. 2014 – 0040 (Revised Guidelines on the Need/Role of a Medical Director in the Pharmaceutical Industry) may be downloaded from the ASC website: www.asc.com.ph as reference.

PRICE ADVERTISING

• All price comparisons should conform to Rule IV (Price Advertising), Chapter VI, Title III of the Department of Trade and Industry’s D.A.O. No. 2, s.1993.
• Advertisements should not contain misleading, exaggerated, or fictitious price comparisons, discounts, or other claimed savings. All indicated prices and other economic terms should be complete and accurate and should not mislead the public by distortion, omission, or undue emphasis.
• Price and purchase terms should be clear and complete. When there are parts or accessories that the consumer might reasonably think to be part of the original sale but are available only at an extra cost or for further consideration, such should be clearly indicated.
• A permanent price reduction or price rollback may be used in advertisements only for a period of one (1) year from the time the reduction or price rollback has been introduced in the market. However, there is no time frame for the mere mention of a product price as long as there is no reference to a previous price or a price reduction.
• e. Advertisements that mention the price must be labeled as Suggested Retail Price (SRP), e.g., ads of fast-moving consumer goods (FMCG) or Price Varies for quick service restaurants (QSRs).